A guide to the UPC and the UP - Flipbook - Page 200
Time Periods and Decisions by Default
Calculating Time Periods
11-141 Time periods prescribed by the UPCA, the UPCA Statute and the RoP are calculated according to
r.300(a) to (h) RoP. It is vitally important that the parties are aware of the relevant deadlines in
the proceedings and comply with them in order to avoid a decision in default. 247 The rules are
computed as follows:
– Computation starts on the day following the day on which the relevant event occurred. In
the case of service of a document, the relevant event will be the receipt of that document.
– When a period is expressed as one year or a certain number of years, it will expire in the
relevant subsequent year in the same month and on the same day as the month and day on
which the said event occurred. If the relevant subsequent month has no day with the same
number, the period will expire on the last day of that month.
– When a period is expressed as one month or a certain number of months, it will expire in the
relevant subsequent month on the same day as the day on which the said event occurred. If
the relevant subsequent month has no day with the same number, the period will expire on
the last day of that month.
– When a period is expressed as one week or a certain number of weeks, it will expire in the
relevant subsequent week on the same day as the day on which the said event occurred.
– Day shall mean a calendar day unless expressed as a working day.
– Calendar days include official holidays of the Contracting Member State in which the division
or the seat of the central division or its section concerned or the Court of Appeal is located,
including Saturdays and Sundays.
– Working days shall not include Saturdays, Sundays and official holidays of the Contracting
Member State in which the division or seat of the central division or its section concerned or
the Court of Appeal is located.
– Periods shall not be suspended during judicial vacations.
11-142 Where a period expires on a Saturday, Sunday or official holiday of the Contracting Member
State in which the division or the seat of the central division or its section concerned or the
Court of Appeal is located, it shall be extended until the end of the first following working
day. 248 This automatic extension also applies if documents filed in electronic form cannot be
received by the Court. 249
11-143 As a worked example: the SoC for an infringement action is served (i.e. received by the
Defendant) 250 on Friday 9 June 2023. The Defendant has one month 251 to lodge a preliminary
objection, if it wishes to do so. Computation of this time period starts on the day following the
day on which the relevant event occurred. 252 “Day” means calendar day unless expressed as a
working day, 253 therefore computation of this time period starts on Saturday 10 June 2023. As
the period is one month, it expires in the subsequent month, i.e. July, on the same day as the
day on which the event occurred. Therefore it expires on Monday 10 July 2023. The Defendant
247
248
249
250
251
252
253
See paragraphs 11-144 to 11-151.
r.301(1) RoP.
r.301(2) RoP.
r.300(a) RoP and Part 5 Chapter 2 RoP.
r.19(1) RoP.
r.300(a) RoP.
r.300(e) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 190
